By clicking “I agree” You are installing the SlimAV™ application and You agree to the SlimAV End User License Agreement. Your information will be collected, used and disclosed in accordance with the Slimware Utilities Privacy Policy. You understand and agree that this application automatically communicates via your device with our cloud-based technology to update the application and function and make our products more effective.

NOTICE: Last Updated July 28, 2015

SlimAV™
END USER LICENSE AGREEMENT/
PRIVACY POLICY

 

PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) AND PRIVACY POLICY (WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE) CAREFULLY BEFORE YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE. BY SELECTING “I AGREE”, DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN SLIMWARE UTILITIES HOLDINGS, INC. (HEREINAFTER COLLECTIVELY “SLIMWARE”) SUBSEQUENTLY DOES NOT CONSENT TO LICENSE THIS SOFTWARE TO YOU, AND YOU SHOULD NOT USE THIS SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE IMPLEMENTING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE SUBSEQUENTLY NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.

This Agreement is a legal agreement between you (either an individual or a legal person) (“You” “your”) and Slimware for use of the SlimAV software product, which includes software and services for your device, and may include associated media, printed materials, and "online" or electronic documentation, and any updates and upgrades delivered to You (hereafter designated as the "Slimware Product"), all of which are protected by international copyright laws and international treaties.

Notice to Consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this Agreement, are in addition to the terms of this Agreement, and/or certain provisions of this Agreement may be unenforceable as to you. To the extent that any term of this Agreement is unenforceable, the remainder of the Agreement shall remain in full force and effect. If You have questions regarding your rights under your local consumer protection laws, please consult with your government’s consumer protection agency or a local consumer advocacy group.

The Slimware Product is available for non-commercial and personal use only. You may not modify, copy, display, transmit, perform, license, distribute, publish, reproduce, create derivative works from, transfer, or sell any information, software, products or services obtained from or by means of the Slimware Product without Slimware’s express written consent. Your rights, under this Agreement will terminate automatically and without notice if You fail to comply with any terms of this Agreement. You must be 13 years or older to install or to use the Slimware Product. If You are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this Agreement with You, discuss any questions You might have, and install the Slimware Product for You.

GRANT OF LICENSE. The Slimware Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Slimware Product is licensed, not sold. This Agreement only gives You some rights to use the Slimware Product. Slimware and its licensors reserve all other rights. Unless applicable law gives You more rights despite this limitation, You may use the Slimware Product only as expressly permitted in this Agreement.

Slimware hereby grants You and only You the following non-exclusive, limited, non-assignable, non-transferable, non-sublicensable and royalty-bearing license to use the Slimware Product.

During the installation process, the Slimware Product may uninstall or disable other security products if such products or features are incompatible with the Slimware Product.

The Slimware Product may allow You to track the device location, disable access to the device, transmit images that have been captured with the camera of your device or voice records that have been recorded by the recorder of your device (if available). You may not use the services to gain unauthorized access, to upload, transmit, transfer data or information to Slimware or third parties by any means. You agree that your use of these services will be in compliance with any laws which are applicable to You.

TRIAL LICENSE. If You are a trial user, You may use the Slimware Product for evaluation or testing purposes in a non-production environment commencing from the date You download the Slimware Product and continuing for a period of time as set forth on the applicable web page from which you downloaded the Slimware Product (the “Trial Period”). During the Trial Period, You may be entitled to web or email based technical support and to Updates, if applicable, at the discretion of Slimware. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SLIMWARE PRODUCT AND ANY SERVICES AND RELATED DOCUMENTATION USED FOR EVALUATION PURPOSES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. Your right to use the Slimware Product ends when the Trial Period ends or if You violate any term of this Agreement. Upon termination of the Evaluation Period, You must delete or destroy all copies of the Slimware Product and documentation and stop using any services provided by Slimware. Your obligations and rights under this Agreement will continue to apply after the end of the Trial Period.

TERMS OF LICENSE. You will have certain rights to use the Slimware Product during the license period that You purchased, or as such license period is earlier terminated or renewed as provided for hereunder. The Slimware Product may automatically be deactivated at the end of Your license period, and You will not be entitled to receive any feature or content updates to the Slimware Product.

If You have agreed to permit Slimware to automatically renew your subscription to the Slimware Product by charging a valid credit card number which You have provided to Slimware, your subscription will automatically renew pursuant to the renewal terms in effect at the time of Your original purchase prior to the expiration of the term and each anniversary thereafter. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, credit card expiration date or other payment method information), and You must promptly notify Slimware if your credit card or other payment method used is canceled (such as, but not limited to for loss or theft). You agree that Slimware may continue charging You for any subscription automatically renewed unless You contact Slimware, in writing, at support@slimav.com (or any other local email address or telephone number provided by the respective Slimware entity in your region for such purpose) at least thirty (30) days prior to the expiration of your subscription to the Slimware Product and informing Slimware of Your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, You must cease use of the Slimware Product and destroy all copies of the Slimware Product and the Documentation.

UPGRADES/ADDED FUNCTIONALITY. If the Slimware Product is labeled as an upgrade, You must be properly licensed to use a product identified by Slimware as being eligible for the upgrade in order to use that Slimware Product. A Slimware Product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this Agreement. If a Slimware Product is an upgrade of a component of a package of software programs that You licensed as a single Slimware Product, it may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of licensed users. The terms and conditions of this Agreement replace and supersede any previous agreements that may have existed between You and Slimware regarding the original product or the resulting upgraded product.

The Slimware Product may add additional functionality (e.g. tabs, buttons, items) to existing third-party programs that You use, such as Your email programs.

By using the Slimware Product and accepting this Agreement, You consent to receive updates and upgrades to the software that will be transmitted by Slimware automatically.

COPYRIGHT. All rights, titles and interest in and to the Slimware Product and all copyright rights in and to the Slimware Product (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into Slimware), the accompanying printed materials, and any copies of the Slimware Product are owned by Slimware or its Licensors, with the understanding that rights, titles and interest in and to certain third party software are owned by their respective owners. The Slimware Product is protected by copyright laws and international treaty provisions. Therefore, You must treat the Slimware Product like any other copyrighted material. You may not copy the printed materials accompanying the Slimware Product. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which the Slimware Product exists. You may not sub-license, rent, sell, lease or share the Slimware Product. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for the Slimware Product, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying third party license terms, governing use of the third party software.

SUPPORT. From time to time, certain technical support may be offered by Slimware or its vendors for the Slimware Product, which may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote access. If such technical support is offered and You choose to access such technical support, such technical support shall be governed by a separate support agreement as provided by Slimware to You. No support is independently provided for the Slimware Product under this Agreement. It is solely Your responsibility to complete a backup of all your existing data, software and programs before receiving any technical support.

LIMITED WARRANTY. If You receive a physical disk containing the Slimware Product (not applicable for downloaded versions), Slimware warrants that the media on which the Slimware Product is distributed is free from defects for a period of thirty days from the date of delivery of the Slimware Product to You. Your sole remedy for a breach of this warranty will be that Slimware, at its option, may replace the defective media upon receipt of the damaged media, or refund the money You paid for the Slimware Product. Slimware does not warrant that the Slimware Product will be uninterrupted or error free or that the errors will be corrected. Slimware does not warrant that the Slimware Product will meet your requirements.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SLIMWARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SLIMWARE PRODUCTS, UPGRADES, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY SLIMWARE. SLIMWARE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY’S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE.

The Slimware Product, as provided under this Agreement, can contain features and functionalities that allow You to protect sensitive information on your device. You will be required to provide a password in order to encrypt and protect such information. You will not be able to recover the information You have encrypted if You lose or forget the password. You are aware that the level of encryption that can be used by the Slimware Product should protect your information from the average computer user; however, You acknowledge that the encryption may be broken. You also acknowledge that information that has been encrypted may not be unencrypted if your hard drive has bad sectors or fails. Slimware shall not be held responsible for access of your information where You have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.

DISCLAIMER OF DAMAGES. Anyone using, testing, or evaluating the Slimware Product bears all risk to the quality and performance of the Slimware Product. In no event shall Slimware be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of the Slimware Product, even if Slimware has been advised of the existence or possibility of such damages.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL SLIMWARE'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SLIMWARE PRODUCT. The disclaimers and limitations set forth above will apply regardless of whether You accept to use, evaluate, or test the Slimware Product.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLIMWARE, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE SLIMWARE PRODUCT, YOUR VIOLATION OF THIS AGREEMENT OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY SLIMWARE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

We strongly recommend that You back up your data frequently. You shall at all times be under a duty to mitigate your loss.

IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.

Slimware is acting on behalf of its suppliers, licensors, and marketing partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

CONSENT TO ELECTRONIC COMMUNICATIONS. Slimware may send You legal notices and other communications about the Slimware Product and maintenance subscription services or our use of the information You provide us (“Communications”). Slimware will send Communications via in-product notices or via email to the primary user’s registered email address, or will post Communications on its Sites. By accepting this Agreement, You consent to receive all Communications through these electronic means only and acknowledge and demonstrate that You can access Communications on the Sites.

GENERAL.

(a) This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of New York, without regard to the conflicts of law provisions thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to the Agreement.

(b) If You have any dispute with Slimware relating to this Agreement, You will not have the right to pursue a claim in court, or have a jury decide the claim and You will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By downloading or using the Slimware Product, You agree to binding arbitration. Slimware will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that You may have with Slimware.

(c) If Slimware’s efforts to informally resolve any complaints, disputes, or disagreements fail, You agree that any complaint, dispute, or disagreement You may have against Slimware, and any claim that Slimware may have against You, arising out of, relating to, or connected in any way with this Agreement, or the Slimware privacy policy or terms of use shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

(i) the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between You and Slimware (the “Arbitrator”);

(ii) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of this Agreement and/or these arbitration provisions herein, including but not limited to any claim that all or any part of this Agreement being void or voidable;

(iii) the Arbitration shall be held either: (X) at a location determined by AAA pursuant to the Applicable Rules (provided that such location is reasonably convenient for You and does not require travel in excess of 100 miles from your home or place of business); or (Y) at such other location as may be mutually agreed upon by You and Slimware;

(iv) the Arbitrator (WW) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (XX) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (YY) shall honor claims of privilege recognized at law; and (ZZ) shall have authority to award any form of legal or equitable relief;

(v) the Arbitration can resolve only your and/or Slimware’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

(vi) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

(vii) with the exception of subpart (v) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (v) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor Slimware shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.

(viii) Slimware may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Slimware has given notice of such modifications and only on a prospective basis for claims arising from this Agreement occurring after the effective date of such notification.

(ix) Notwithstanding the foregoing arbitration provisions, at your option, You may bring any claim You have against Slimware in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

(d) In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.

(e) Slimware and Slimware logos are trademarks of Slimware. All other trademarks used in the product or in associated materials are the property of their respective owners.

(f) The license to the Slimware Product will terminate immediately without notice if You are in breach of any of its terms and conditions. You shall not be entitled to a refund from Slimware or any resellers of the Slimware Product as a result of termination. The terms and conditions concerning confidentiality and restrictions on use, as well as the Limited Warranty, Disclaimer of Damages and General sections of this Agreement, shall remain in force, and survive any termination or expiration of this Agreement.

(g) Slimware may revise the terms of this Agreement at any time and the revised terms shall automatically apply to the corresponding versions of the Slimware Product distributed with the revised terms. Except as otherwise provided for in paragraph (c)(vii) of this General Section, if any part of this Agreement is found invalid and unenforceable, it will not affect the validity of rest of the terms of this Agreement, which shall remain valid and enforceable.

(i) Slimware reserves the right to change the terms of this Agreement periodically. Your continued use of the Slimware Product shall be deemed acceptance of the revised terms of this Agreement.

(h) You agree to abide by all applicable U.S. export laws, rules and regulations—including, but not limited to the Export Administration Act and the Arms Export Control Act—and You represent and warrant that You will not transfer, by electronic transmission or otherwise, the Slimware Product to a foreign national or a foreign destination in violation of the law.

(i) In case of controversy or inconsistency between translations of the terms of this Agreement to other languages, the English version issued by Slimware shall prevail.

Contact Slimware: support@slimav.com

 

PRIVACY POLICY

NOTICE: Last Updated July 9th, 2015

 

Slimware Utilities Holdings, Inc. (collectively, "Slimware Utilities", "we", "us" or "our") has developed this privacy policy to demonstrate its commitment to protecting your privacy. This privacy policy (the "Privacy Policy") is intended to describe for you, as an individual who is a user of the Slimware Utilities websites, mobile apps, social media sites, software and/or services (collectively the "Services"), the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. We seek to handle the information we collect in a manner that complies fully with the privacy requirements under all applicable United States federal and state privacy laws and regulations.

 

We encourage you to read this Privacy Policy carefully. By using the Services, you are accepting the practices described in this Privacy Policy, and agreeing to the processing and storage of information we collect from you in the United States and, in connection with certain Services, the Philippines and other non-United States jurisdictions. If you do not agree with the terms and conditions set forth in this Privacy Policy, then please do not provide us with any information and do not access, browse or use the Services. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

 

INFORMATION WE COLLECT

The information we collect will either be 1) Personal Information or 2) Anonymous Information. Personal Information means information that may directly or indirectly identify you, such as your name, address, email address, and telephone number. Anonymous Information means information that does not directly or indirectly identify you, such as the number of page views, link clicks, and login times. We may use both Personal and Anonymous Information to create Aggregate Information. Aggregate Information is derived from the grouping of information we collect into groups and/or categories, which does not identify you directly or indirectly.

 

Through your use of the Services, we (or our service providers on our behalf) may collect the following information as Personal Information, Anonymous Information or Aggregate Information:

 

  • Contact information and/or registration information, such as your name; and business and residential mailing address, telephone and facsimile numbers and email address;
  • information you provided in posting areas, public forums, social networks, and surveys;
  • Information you provided us while using the Services, including files that you uploaded, and the use of the Services on third-party sites or platforms such as social networking sites;
  • Purchase information, including credit card or payment card information and billing address;
  • Demographic information, including age, personal interests, and product preferences;
  • Information regarding your use of the Services, such as browsing, downloads and pages viewed;
  • Technical data, associated with any computer or other device you use to access the services, or software therein such as the software and settings on your device and your device identifier or IP address;
  • Such other information we collect with your consent or as permitted or required by law.

 

HOW WE COLLECT INFORMATION

We (or our service providers on our behalf) use various methods and technologies to collect information from you, and about your computer or device (or software thereon) and about your activities on or through the Services:

        Submitted information. We will collect information you voluntarily provide or submit.

        Automatically Captured Information. We may automatically collect information from your computer and/or device (or software thereon) when you use the Services. This information may include your IP address, your browser type and language, access times, current installed applications, system registry settings, driver versions, system start up settings, and the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.

        Cookies. When you use the Services, we may assign your computer one or more cookies, to facilitate access to our Services and to personalize your online experience. A cookie is a small piece of data that is stored in a user's computer for record keeping purposes. Our Services may us HTTP cookies, HTML5 cookies, Flash cookies and other types of local storage (such as browser-based or plugin-based local storage). Through the use of a cookie, we may automatically collect information about your activity on our Services, such as the actions you take within the Services, and the application and/or updates you have installed onto your computer or device. Most systems automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on or via the Services. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. To learn more about some types of browser cookies, visit allaboutcookies.org. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager by following Adobe’s instructions here (instructions vary depending on your operating system and version of Flash). Please note, however, that without cookies or local storage you may not be able to use all of the features of our Service.

        Other Technologies. We may use standard Internet technology, such as web beacons and Flash cookies and other similar technologies, to track your use of the Services. Web beacons are small pieces of data that are embed in images on the pages of sites. The information we obtain in this manner enables us to customize the Services.

        Do Not Track. We do not respond to the Do Not Track browser setting.

 

 

INFORMATION COLLECTED BY THIRD PARTIES FOR ON-LINE ADVERTISING

 

We may allow third-parties, including our authorized service providers, parent and subsidiary companies, affiliates, advertising companies, and ad networks, to display advertisements or place ad tags or beacons on or via our Services on the computer or device you use to access our Service and to track that device to over time and across different web sites for the purpose of serving advertising relevant to your interests. We do not control third parties’ collection or use of information to serve interest based advertising. Some but not all providers may allow you to opt-out of receiving their targeted ads, see http://www.networkadvertising.org/choices/.

 

HOW WE USE THE INFORMATION WE COLLECT

We may use information that we collect about you to:

        Identify, establish and maintain our relationship with you;

        Deliver Services and information that you have requested and otherwise allow you to fully participate in the interactive features of our Services;

        Notify you about your account, including expiration and renewal notices;

        Provide you with customer support;

        Perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;

        Communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our parent or subsidiary companies or other third parties;

        Process, validate and verify purchases;

        Register you as a customer;

        Enforce our terms and conditions and notify you of changes to our Services;

        Manage and improve our business;

        Meet legal regulatory, insurance security and processing requirements and court or administrative orders or as required by law;

        Maintain business records for reasonable periods; and

        Perform any other functions as otherwise described to you at the time of collection and any other purpose with your consent.

 

WITH WHOM WE SHARE YOUR PERSONAL INFORMATION

We may share Anonymous Information and Aggregate Information without restriction. We do not share your Personal Information with others except as indicated below:

        Authorized service providers: We may share your Personal Information with our authorized service providers that perform services on our behalf. These services may include, for example, providing customer service and marketing assistance, delivering advertising, performing business and sales analysis, supporting our Services’ functionality, delivering Services on our behalf, and supporting contests, sweepstakes, surveys and other features offered through our Services. These service providers may have access to Personal Information, which is needed to perform their functions, but are not permitted to share or use such information for any other purposes.

        Third-party businesses: We may sell, share or rent your Personal Information with businesses to offer you their products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.

        Other IAC businesses. We are part of the IAC family of businesses (www.iac.com). We may share information we collect, including Personal Information, with our IAC companies. Sharing information with our IAC family companies enables us to provide you with information about a variety of products and services that might interest you.

        Other Situations. We or our authorized service provider(s) may disclose your Personal Information (i) in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency, (ii) in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; (iii) to protect and defend the rights, property or safety of our company, our users, our employees, or others; (iv) to comply with applicable law or cooperate with law enforcement; (v) to enforce our Services’ terms and conditions or other agreements or policies; and (vi) in connection with a substantial corporate transaction, such as the sale of our business or the Services, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy in which event we may assign or otherwise transfer all our rights in such data without restriction.

 

THIRD-PARTY WEBSITES

There may be places in the Services where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on a link, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including Personal Information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy policy of all third-party websites you visit.

YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION

You may tell us not to share your Personal Information with third parties or the IAC companies for direct marketing purposes by clicking on the following link and entering the email address associated with your account: info@slimwareutilities.com. Please note, if you do not allow us to collect Personal Information from you, it may result in you being unable to use certain features of the Services; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Services.

 

Some but not all providers may allow you to opt-out of receiving their targeted ads, see http://www.networkadvertising.org/choices/.

 

As stated above, your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. To learn more about some types of browser cookies, visit allaboutcookies.org. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager by following Adobe’s instructions here (instructions vary depending on your operating system and version of Flash). Please note, however, that without cookies or local storage you may not be able to use all of the features of our Service.

 

HOW WE PROTECT YOUR PERSONAL INFORMATION

The security and confidentiality of you information is very important to us; thus we have put in place administrative, technical, and physical safeguards to protect against unauthorized access to the information we collect. By using the Services and accepting this Privacy Policy, you hereby acknowledge that no security system is immune from compromise, and you accept all responsibility for such security risks and any damage resulting therefrom.

CHILDREN'S PRIVACY

Our Services are intended for general audiences over the age of 13 years old. We do not knowingly collect Personal Information from children under the age of 13 years old. If you are not over 13 years old, DO NOT DOWNLOAD OR USE THE SERVICES.

USING OUR SERVICES FROM OUTSIDE THE UNITED STATES

If you are using the Services outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. In connection with certain Services, your information may also be transferred to, stored, and processed in other jurisdictions outside of the United States. By using our Services, you hereby agree to the transfer, storage and processing of your information in accordance with this Privacy Policy.

NO RIGHTS OF THIRD PARTIES

This Privacy Policy does not create rights enforceable by third parties and no third party is an intended beneficiary of this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

We will occasionally update this Privacy Policy to reflect changes in our practices and services. We will provide you notice of these changes by posting changes to this Privacy Policy. When we post changes to this Privacy Policy, we will revise the "Last Updated" date at the top of this Privacy Policy, and your continued use of the Services constitute consent to the revised Privacy Policy. If we make any changes that we determine, in the reasonable exercise of our discretion, will reduce your rights under the Privacy Policy, we will provide a more prominent notice (including for certain services email notification of Privacy Policy changes). We will obtain your affirmative consent for retroactive changes to your rights to the extent required by applicable law.

 

CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE

It is our policy to be in compliance with the California Online Privacy Protection Act, which permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to the address listed below.

 

BINDING ARBITRATION AND CLASS ACTION WAIVER

This Policy shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflicts of law provisions thereof. You expressly agree that any controversy, dispute or claim (“Litigation”) arising out of, relating to, or in connection with, this Privacy Policy or the Services, or the alleged breach thereof, or relating to our activities or services or to us otherwise under this Privacy Policy, shall be settled by confidential binding arbitration in New York County, New York, in accordance with the applicable rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) shall be binding on the parties and may be entered in any court having jurisdiction. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or this Privacy Policy must be filed within one (1) year after such claim or cause of action arose or was reasonable discovered, whichever is later, or be forever barred. In the event of any Litigation, both parties expressly and irremovably consent to the exclusive venue and personal jurisdiction in New York County, New York. In the event of any Litigation arising from, related to or in connection with this Privacy Policy or the Services, the prevailing party thereof shall be entitled to recover its reasonable expenses, including (without limitation) attorneys’ fees and the costs of arbitration.

 

Any proceedings to resolve or litigate any Litigation in any forum will be conducted solely on an individual basis. You will not seek to have any Litigation heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

 

HOW TO CONTACT US

If you have any questions about this Privacy Policy or our information-handling practices, please contact us by email or postal mail as follows:

 

Slimware Utilities Holdings, Inc.

555 West 18th Street

New York, NY 10011

ATTN: Privacy Officer/Legal Dept.

 

info@slimwareutilities.com